TERMS & CONDITIONS
1.– 3. General
6. Warranties & Disclaimers
7. – 17. Legal
1-3 Terms & Conditions – General
The terms and conditions set forth below (the “Terms and Conditions”) shall apply to all use of this Rose et Chocolat website, provided by Kickboard Canada Inc., (“we” or “us”) accessible at http://www.rose-et-chocolat.ca/ (the “Website”) and all purchases of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions and further agree that all agreements, notices, disclosures and other communications that Rose et Chocolat Canada provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
This Website may not be used by persons in jurisdictions where access to or use of this Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Website is lawful, and you must comply with all applicable laws. Rose et Chocolat Canada’s customer service department may be contacted as follows: E-Mail: firstname.lastname@example.org. Any products that are returned as permitted under these Terms and Conditions must be shipped to the following address:
Kickboard Canada Inc. / Rose et Chocolate Canada
PO Box 223
Orillia, ON L3V 6J3
All warranty claims and notices to Rose et Chocolat Canada shall be in writing and shall only be sent by mail or courier to the above address. All notices to you may be delivered to you by mail, courier, fax or e-mail, at the addresses or locations you provided when entering your order.
Rose et Chocolat Canada only sells products to adults who can purchase its products using PayPal or a valid credit card issued to the person purchasing products. By purchasing a product using this Website, you represent to Rose et Chocolat Canada that you are an adult and that you are authorized to make the purchase using the credit card account information you provide. You represent and warrant that any products you purchase are for your own personal use and not for resale. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Rose et Chocolat Canada. The binding purchase agreement comes into existence only when Rose et Chocolat Canada accepts your order on the Website by sending you an e-mail or written communication, or by shipping the products ordered.
3.1 Methods of Payment
PayPal, Visa, Mastercard and American Express are the methods of payment we accept. To process your payment, the Billing Address information you enter during checkout must match the information that your credit card provider has on file. The checkout process and the information you enter during checkout is protected with SSL encryption from GoeTrust Inc. Please be aware that we do not accept Interac, money orders or cheques. When you submit an order through our online store, your credit card will be authorized for the total cost of the ordered product(s), applicable taxes and, where applicable, additional shipping costs. When your order is shipped, Rose et Chocolat Canada will charge a total against the authorization that reflects the total cost of the shipped product(s), applicable taxes and shipping costs (where applicable).
You agree that the products ordered and sent to you remain Rose et Chocolat Canada’s property until full payment has been received by Rose et Chocolat Canada. Risk of loss or damage passes to you at the time the products you order are delivered to the delivery service.
3.2 Pricing and Currency
All prices are listed and charged in Canadian Dollars. Payments made with a foreign credit card will be billed using a currency conversion rate determined by the bank which issued the credit card. In most cases this rate closely follows live exchange rates, but it may vary according to conditions stipulated in your cardholder agreement.
The prices on this Website are exclusive of all applicable taxes, customs, duties and levies. When Rose et Chocolat Canada is required by law to collect applicable taxes relating to your order, you authorize Rose et Chocolat Canada to charge the applicable taxes to your credit card. All orders shipping within Ontario are subject to 13% HST. Orders shipping to other Canadian provinces will be charged the appropriate HST or GST and PST amounts valid at the time of purchase.
4.Shipping Information & Policies
4.1 Valid Shipping Addresses
Please note that Kickboard Canada Inc. only ships within North America. The products ordered by you will be delivered to the address entered by you through a delivery service selected by Rose et Chocolat Canada.
4.2 Processing and Shipping
We endeavour to process and ship all orders by the next business day after they have been placed. Rose et Chocolat Canada, however, does not ship on weekends or statutory holidays. All orders placed on a Friday will be processed latest on the following Monday (unless it is a holiday).
4.3 Processing Delays
In certain cases your order may require additional processing time due to order size, inventory status, or the volume of orders we are processing. In these situations we will notify you of the delay via email within 24 hours of your order being placed and adjust your shipping charge appropriately if necessary.
4.4 Domestic Shipping & Handling Services and Rates
The preferred carrier of Rose et Chocolat Canada is Canada Post. Shipping rates are based upon Canada Post’s Expedited Parcel Service. Shipping rates are calculated automatically during the check-out process in our web-shop. If, for some reason, a shipping rate cannot be determined upon checkout, you may still complete your transaction. A representative from Rose et Chocolat Canada will contact you by email or phone with information concerning the shipping rate and how to remit your payment. Additional shipping charges may apply for deliveries to remote postal code areas as defined by Canada Post. Should additional charges apply, you will be contacted by a Rose et Chocolat Canada representative for authorization before your order is processed. If you have questions regarding delivery to your location, please contact us at email@example.com. Postal charges are subject to the taxes applicable in the province of delivery.
Based upon delivery by Canada Post’s Expedited Parcel Service from our warehouse in Toronto, the following delivery standards can be expected:
Some specific delivery time standards include:
1-2 Days: Toronto and surrounding area, Barrie, Hamilton, Kitchener, London, Montreal, Ottawa, Windsor
2-3 Days: Quebec City
3-4 Days: Halifax, Moncton, Regina, Saint. John, Saskatoon, Winnipeg
4-5 Days: Calgary, Charlottetown, Edmonton, Fredericton, Vancouver
5-6 Days: St. John’s, Victoria, Kelowna
6-7 Days: Happy Valley, Iqaluit, Yellowknife
7-8 Days: Whitehorse
We ship from M4B 1X4 in Toronto. Check Canada Post delivery standards for your postal code HERE
Overnight or express shipping is available upon request at an additional cost. These options can be selected during the check-out process. If, for some reason, these options cannot be determined during check-out, please contact firstname.lastname@example.org for further information.
If an order is oversize, overweight or otherwise requiring special handling, a Rose et Chocolat Canada representative will contact you and inform you of any extra freight or handling charges which may apply. Additional charges are calculated based on the dimensional volume, weight and destination of the package.
4.5 Order Tracking
When your order ships, you will receive an email directly from Canada Post which will include tracking information for your shipment. To ensure that you receive your Order Confirmation and shipping notification, please enter your email address carefully and accurately during check-out.
4.6 Delivery Information
Deliveries are made Monday – Friday during normal business hours. Deliveries are not made on weekends or statutory holidays. Deliveries are made on a ‘Release without Signature’ basis, however someone must be available to receive the package. Items will not be left unattended. Please note that Rose et Chocolat Canada is unable to take responsibility for shipments once delivered by its chosen carrier to customers in care of businesses, hotels and other establishments where parcels are likely to be received by an intermediary. If no one is available to receive the package, a notice will be left by the carrier indicating where the parcel can be picked up, usually later the same day. Canada Post shipments can conveniently be picked up at the closest Canada Post outlet. Please note that proper ID is required in order to pick up parcels from Canada Post.
Rose et Chocolat Canada will be happy to exchange, credit or refund any full priced item(s) purchased directly from www.kickboard.ca if returned within 30 days of the shipping date. A $15.00 restocking fee will be subtracted from your refund. Shipping charges for returned items are non-refundable. Please review our Return Procedures below to ensure proper processing. Failure to do so may result in a processing delay and further postponement of your refund.
5.1 Refund Process
Once your return has been received, a credit will be issued to the credit card used to purchase the item(s) you are returning. Please note that you are responsible for the cost of returning the item(s) to Rose et Chocolat Canada unless the return is a result of our error or manufacturer’s defect. In this case, we will refund you the necessary cost of shipping the product through Canada Post.
5.2 Return Procedures
You may return any new, unused full-price merchandise for refund or replacement of any unused items within 30 days of the shipping date for item(s) purchased directly from www.rose-et-chocolat.ca. All sale merchandise is final sale. We are unable to accept returns of sale merchandise. All returns must be accompanied by the original receipt along with a written reason for the return. Your written feedback will help us to continually improve our customer service and provide the manufacturer with information for possible product and programme improvements. Please be sure to include your name and address as we will not accept any packages without a return name and address. Please send parcels prepaid as you are responsible for the costs and arrangements for the shipment of the products to be sent back to us. In order that the product and the original product packaging are not damaged during their return, please wrap the parcel in durable paper or enclose in a cardboard box. The risk of loss or damage to the products remains with you until the products are received at our facilities. Be sure to consider appropriate insurance as well as delivery confirmation options as we cannot take responsibility for lost or misdirected returns. Please allow 2 weeks from receipt of return for your refund to be processed.
5.3 Undeliverable, Unclaimed or Rejected Parcels
Should Canada Post return a parcel to Rose et Chocolat Canada because it could not be successfully delivered by Canada Post for any of the following reasons:
Please note that Rose et Chocolat Canada will treat the parcel as a Return and will refund the purchaser for cost of the products less the cost of the return shipment and a $15.00 restocking fee.
The products sold by Rose et Chocolat Canada are supplied with a one year conditional warranty covering material and manufacturing faults. During this period it is up to Rose et Chocolat Canada to decide whether products covered by the warranty should be repaired or replaced. Please note that we can only accept claims from customers able to provide valid proof of purchase to accompany the return.
This warranty is extended only to you, as the purchaser of the products, and not to any subsequent owner of the products. You may return defective products to us within one year of the date of your receipt of the products for repair or replacement at the discretion of Rose et Chocolat Canada. THE FOREGOING REPRESENTS ROSE ET CHOCOLAT CANADA `S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THE ABOVE WARRANTY.THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6.1 Factors not covered by the one year warranty
Problems resulting from:
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Rose et Chocolat Canada. In the event Rose et Chocolat Canada determines that your warranty claim is justified, Rose et Chocolat Canada will refund to you the necessary costs of shipment through Canada Post at the regular parcel service postal rate. You must take reasonable care that the products are not damaged during their return. The risk of loss or damage to the products remains with you until the products are received at our facilities.
6.2 The Website is provided on an “as is”, where is and “as available” basis.
Neither Rose et Chocolat Canada nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “related parties”) warrant that use of the Website will be uninterrupted or error-free and you agree that Rose et Chocolat Canada has no obligation to make the Website available to you or to continue to make the Website available to you. Neither Rose et Chocolat Canada nor its related parties warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk. Rose et Chocolat Canada reserves the right (but has no obligation) to modify, change, update, suspend or terminate this website or any portion thereof, any feature or function thereof or your access or use rights thereto at any time and for any reason (including without limitation your contravention of any of these terms and conditions) without notice or liability.
7.-17. Terms & Conditions – Legal
Rose et Chocolat Canada reserves the right to change prices, terms, specifications and warranties for products on this Website and any promotional offers and any other part of this Website at any time without prior notice and without liability. Rose et Chocolat Canada attempts to post accurate information, but errors may sometimes occur. Rose et Chocolat Canada does not warrant that the Website is accurate, complete, reliable, current or error-free. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Rose et Chocolat Canada reserves the right to revoke any stated price, term or specification on this Website and to correct any errors, inaccuracies or omissions, including after an order has been submitted or accepted. If an error or inaccuracy is discovered after your order has been submitted or accepted, Rose et Chocolat Canada will inform you promptly upon its discovery at which time you may cancel or reaffirm your order at your option.
By using this Website, you agree that the laws of the Province of Ontario shall govern these Terms and Conditions without giving effect to any conflict of laws principles and further agree to accept the exclusive jurisdiction of the courts of the Province of Ontario and that the venue for any action, suit or proceeding arising from or related to these Terms and Conditions or our products shall be Toronto, Ontario, subject to the provisions on arbitration below. You agree that the United Nations Convention on Contracts for the International Sale of Goods and any local enactment thereof (including but not limited to the International Sale of Goods Act (Ontario)) shall not apply. You agree that any claim, action, dispute, disagreement or controversy, at law or in equity, arising out of or relating to these Terms and Conditions, the Website, your use thereof, Rose et Chocolat Canada or any of the products shall, except to the extent expressly prohibited by law, be exclusively resolved by confidential, final and binding arbitration by a sole arbitrator in an arbitration pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Except to the extent prohibited by law, Rose et Chocolat Canada will have no liability to you for any claim or cause of action you may have arising from, connected with, or relating to these Terms and Conditions, this Website, your use thereof, or any related matters for which you give us notice more than six (6) months after the claim or cause of action arises.
Rose et Chocolat Canada reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
At Rose et Chocolat Canada we understand that your privacy on the internet is very important to you.
Unless you provide personal information to us voluntarily, Rose et Chocolat Canada does not collect any personally identifiable information about you including, but not limited to, your name, address, telephone number and email address in connection with your use of this site.
By registering your contact details with us, entering into a purchase agreement with us, or other communicating with us electronically, you consent to us collecting, holding, disclosing and using your personal data which you submit to us through the Website/Online Shop (including in relation to your purchase agreement) without your further prior written consent in accordance with this data protection policy. You can revoke your consent to the storage and the processing of your data at any time by contacting our customer support, with effect for the future.
We will process, disclose, hold and use your personal data and information securely, fairly and lawfully in accordance with the laws of Canada. The processing will be carried out with electronic and automated means. We will use personal data which you submit to us through the Website/Online Shop (including in relation to your purchase agreement) only to enable you to make a purchase of our goods, in relation to any purchase agreement you enter into with us, for market research to improve our website and our product range, to keep you informed about our market activities and goods and services, and delegate to a third party the task of carrying out repair, logistical, or other tasks. The data will not be passed on to any other third parties outside Rose et Chocolat Canada in a manner in which it could be used to identify you without us notifying you and obtaining your prior consent.
Your personal information will not be sold to or shared with any other third parties for their commercial use without your consent. However, we may share some or all of your personal information with third parties who perform functions on our behalf, such as, without limitation, delivery services, information technology service providers and credit card processing services. Under their agreements with Rose et Chocolat Canada, these third parties have access only to the extent necessary to perform their functions for us and are not permitted to use it for other purposes. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of your personal information by contacting our customer support. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by giving us reasonable notice and subject to legal and contractual requirements. Any such refusal to or withdrawal of consent may affect the information, products and services we can provide to you.
Your personal data is collected, held and used by Rose et Chocolat Canada, 19 Curity Avenue, Unit 19, Toronto, ON M4B 1X4 which is responsible for the management of the personal information.
Subject to the terms and conditions hereof, Rose et Chocolat Canada grants you a limited license to use the Website solely as reasonably required for you to personally evaluate our products and to make a decision to purchase or not to purchase such products through the Website. Permitted use includes electronically copying and printing portions of this Website for such purposes, provided you do not modify any of those portions and you do not remove or alter any trademarks or other identification, marks, notices or disclaimers found therein. Except as expressly permitted under these Terms and Conditions, any use of this Website including any commercial use, reproduction for purposes other than those described above, or any modification, distribution, republication, display, transmission or performance without our prior written permission is strictly prohibited and, without limiting the generality of the foregoing, you agree not to, without our prior written consent:- Use the Website in any manner or for any purpose not expressly permitted by this Agreement including, without limitation: (i) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Website not intended to be so read; (ii) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the Website (including any trademarks) in any form or by any means; (iii) selling, reselling or making any commercial use of the Website or access thereto; (iv) collecting or using of any product listings or descriptions; (v) creating any derivative works of the Website; or (vi) using any data mining, robots, bots, spiders, automated tools or other data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; – Upload to, distribute, transmit or otherwise publish to or through this Website any message, information, text or other material (“Content”) that: (i) is or is likely to be construed as unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (ii) would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual, moral, proprietary, publicity, contractual or other right of any party, and by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (iv) may be harmful or deleterious, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; (v) includes charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited email, including commercial e-mail or “spam,” (regardless of whether the email itself complies with the requirements of federal, provincial or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (vi) contains any error, deficiency, omission, misstatement or misrepresentation; – Use another person’s account, password or other information without that person’s prior written authorization and prior written notification to us, create or use a false identity on the Website or impersonate any person or entity or otherwise misrepresent your identity, status, qualifications or affiliations; or – Use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or in a manner that could damage, disable, overburden, or otherwise interfere with the normal operation of this Website, including any other person’s use or enjoyment of this site.
If you register on the Website or submit an order to purchase products, you agree that any information you provide to us will be current, true, accurate and complete, and further agree to update such information in respect of any changes the next time you use the Website following such changes.
You are granted a limited, non-exclusive right to create a hypertext link to this Website, provided such link does not portray us or any of our products or services in a false, misleading, derogatory, unflattering or defamatory manner. This limited right may be revoked at any time. This Website may from time to time include links to, other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites may be independent from us, and we do not have responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Your use of Other Sites and your dealings with the owners or operators of Other Sites are at your own risk, and you shall not make any claim against us arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. We make no claim, representation or warranty regarding, do not endorse, and accept no responsibility for, the quality, content, nature, reliability, products, information, or services of Other Sites, or web sites linking to this Website.
Subject to applicable law and without limiting the generality of the foregoing, the total liability of Rose et Chocolat Canada for any cause of action whatsoever arising from or related to these Terms and Conditions, this Website, Rose et Chocolat Canada, or the products offered on this Website shall be limited to direct damages in an amount not to exceed: (a) in respect of any particular claim, the amount paid to Rose et Chocolat Canada for the purchase of products or provision of service related to the claim, if any; and (b) in aggregate and in respect of all claims, the amount paid to Rose et Chocolat Canada for the purchase of products through this Website in the one-year period immediately preceding the claim, provided further that Rose et Chocolat Canada shall have no liability whatsoever arising from or related to the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Rose et Chocolat Canada records, programs or services or any use or misuse of any product you. You agree that under no circumstances shall Rose et Chocolat Canada or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Rose et Chocolat Canada Inc. records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Subject to applicable law, the disclaimers, limitations and exclusions set forth in these terms and conditions shall apply irrespective of the cause of action or nature of the claim, whether in contract (including but not limited to warranty claims, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), tort (including but not limited to negligence), product liability, strict liability, or any other theory of law or equity, arising from or related to these Terms and Conditions, this Website, Rose et Chocolat Canada, or the products offered on this Website, even if Rose et Chocolat Canada is aware of or has been advised of the possibility of such loss or damage. You agree that all exclusions and limitations of liability in these Terms and Conditions apply to any claims against Rose et Chocolat Canada as well as its related parties.
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) are protected by Canadian and international copyrights, trademarks, patent or other proprietary rights. All Content is copyrighted under applicable law and Rose et Chocolat Canada owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of all Content.
When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Rose et Chocolat Canada’s products through your computer or using your access information. In the event that the confidentiality of your access information is compromised, or you suspect such confidentiality is compromised, in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website and your personal information.
If the performance of any of these Terms and Conditions or any obligation hereunder by Rose et Chocolat Canada is prevented, restricted, delayed or interfered with by reason of: (a) fire, flood, earthquake, explosion or other casualty or accident or act of God; (b) strikes, labour disputes, embargoes or transportation delays; (c) war, terrorism, riots, civil disorder or other violence; (d) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (e) delay or non-performance of suppliers or carriers; (f) lack of or inability to procure supplies, materials or services; or (f) any other cause beyond its reasonable control, it shall be excused from such performance to the extent of such prevention.
Rose et Chocolat Canada – Operated by Kickboard Canada Inc.
Customer Information and Terms & Conditions for Canada
Effective as of May 1, 2017